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Resource Management Act 1991

Proposals of national significance

140: Outline of this Part

You could also call this:

"What happens when the government gets involved in big decisions that affect the whole country"

This part of the law is about proposals that are important to the whole country. You will see how the Minister gets involved in decisions about these proposals. The Minister has special powers to make decisions about things like resource consents, plan changes, and notices of requirement that are part of a proposal of national significance.

When the Minister uses these powers, a board of inquiry or the Environment Court makes the final decision, instead of the usual process. You can challenge their decision in the High Court, and then possibly in the Supreme Court or Court of Appeal, but only if you are questioning a matter of law. The Minister can decide to get involved in a proposal in a few different ways, such as on their own, after a request from a local authority or applicant, or after a recommendation from the Environmental Protection Authority.

If the Minister decides not to get involved, the local authority will handle the proposal as usual, but the Minister can still have some input, like making a submission or appointing a project co-ordinator to advise the local authority.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235288.

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Part 6AAProposals of national significance

140Outline of this Part

  1. This section sets out the general scheme and effect of this Part. This section is by way of explanation only and does not limit or affect the other provisions of this Part or this Act.

  2. This Part provides the Minister with specific powers in relation to applications for resource consents, applications for changes to or cancellation of resource consent conditions, local authority plan changes or variations, requests for plan changes, requests for the preparation of regional plans, matters relating to regional policy statements, and notices of requirement that are or are part of a proposal of national significance.

  3. If exercised by the Minister, these powers set in motion one of 2 procedures by which the application, change, variation, request, or notice (the matter) is decided. Instead of the normal procedures set out in the Act, either a board of inquiry or the Environment Court decides the matter. A decision by a board of inquiry or the Environment Court may be challenged only by an appeal to the High Court on a question of law. If that decision is challenged, a further appeal may be taken to the Supreme Court or the Court of Appeal on a question of law, but only with the leave of the Supreme Court.

  4. There are 3 ways in which a matter may come to the Minister for his or her decision on whether to make a direction to refer a matter to a board of inquiry or the Environment Court for decision. If the matter has been lodged with a local authority, the Minister may decide to make a direction on his or her own initiative or in response to a request from the local authority or the applicant. If the matter has been lodged with the Environmental Protection Authority, the Minister may decide to make a direction after receiving a recommendation from the EPA.

  5. If the Minister decides not to make a direction to refer a matter to a board of inquiry or the Environment Court for decision, the matter will be processed by the local authority that, in the normal course of the Act, would be responsible for dealing with it. However, the Minister may still intervene in the process, for example, by making a submission on the matter for the Crown, appointing a project co-ordinator to advise the local authority on any thing relating to the matter, or appointing an additional hearings commissioner.

Notes
  • Section 140: replaced, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
  • Section 140(2): amended, on , by section 40 of the Resource Management Amendment Act 2020 (2020 No 30).